DUI Laws for Prescription and Over-the-Counter Drugs

Driving under the influence (DUI) is illegal in all 50 states. Most people know that you can get a DUI for driving drunk. But did you know that you can also get a DUI for driving while impaired by prescription or over-the-counter (OTC) medications?

It’s true – any drug that affects your ability to drive safely can lead to a DUI, even if it’s perfectly legal. This article will explain the DUI laws regarding prescription and OTC drugs, common defenses, and tips for avoiding impaired driving charges.

Prescription Medications

Many prescription medications can impair driving ability. Some common examples include:

• Opioid painkillers like OxyContin, Vicodin, and morphine
• Anti-anxiety drugs like Xanax, Valium, and Klonopin
• Sleep aids like Ambien and Lunesta
• ADHD medications like Adderall and Ritalin
• Antidepressants like Prozac, Zoloft, and Wellbutrin

Some states have “per se” laws that make it automatically illegal to drive with any amount of certain drugs in your system. For example, in Colorado and Washington, having any THC from marijuana in your blood is against the law[1].

Other states determine impairment based on the driver’s behavior. If you fail roadside sobriety tests or show signs of impairment, you can be arrested for DUI even if you’re taking medications as prescribed.

Most prescription labels warn that the drug may cause drowsiness or advise against operating heavy machinery. As a driver, you’re considered “heavy machinery”, so if you ignore these warnings you could be charged with a DUI.

Over-the-Counter Medications

Over-the-counter medications like cold medicines, allergy pills, and sleep aids can also affect driving ability. Some examples include:

• Antihistamines like Benadryl, Claritin, and Zyrtec
• Decongestants like Sudafed and Mucinex
• Cough suppressants like Robitussin DM and NyQuil
• Motion sickness pills like Dramamine

Many OTC medications cause drowsiness as a side effect. If you drive while impaired by these medications, you could face the same DUI penalties as with prescription drugs or alcohol.

Always check the label before taking OTC meds and driving. Warnings like “may cause drowsiness” or “do not operate heavy machinery” mean you shouldn’t drive.

Common Defenses for Prescription DUIs

So what can you do if you’re arrested for DUI while taking medications as prescribed? Here are some common defenses:

• You weren’t actually impaired. Your lawyer can argue that the drugs didn’t affect your driving ability based on your performance on sobriety tests.
• The blood test was inaccurate. Blood tests can sometimes give false positives or negatives for prescription drugs. Your lawyer may be able to challenge the reliability of the test.
• You have a valid prescription. This on its own isn’t a defense against DUI charges. But it can help show that you weren’t abusing drugs or driving recklessly.
• The traffic stop was illegal. If the officer didn’t have probable cause to pull you over in the first place, any evidence from the stop could get thrown out of court.

Don’t try to fight a DUI on your own. Get help from an experienced DUI defense attorney, especially if it’s your first offense. They can evaluate the evidence against you and build the strongest defense.

Avoiding DUIs on Prescription or OTC Drugs

The best way to avoid impaired driving charges is to never drive while under the influence. Here are some tips:

• Read medication labels carefully. If it says don’t drive, don’t drive.
• Talk to your doctor or pharmacist. Ask about any driving risks with new medications. Inform them of any driving you do regularly.
• Take public transportation. Use buses, trains, taxis, or rideshares if you need to get somewhere after taking impairing medications.
• Ask someone else to drive. Have a friend or family member drive you around until the medication is out of your system.
• Sleep it off. If possible, take impairing medications right before bed so they won’t affect you during your waking hours.
• Allow time for the effects to wear off. Most medications take 30-90 minutes to kick in. Avoid driving during this window.
• Try non-impairing alternatives. Ask your doctor if there are options less likely to affect driving ability.
• Don’t mix medications or drugs. Combining prescriptions with each other or with alcohol increases impairment.

A DUI charge is costly, disruptive, and stays on your record for years. It’s just not worth the risk of driving while impaired by any substance. Plan ahead and be cautious to keep yourself and everyone on the road safe.

State-Specific Laws on Prescription Drug DUIs

DUI laws vary between states. Here are some specifics on prescription and OTC drug DUIs in certain states:

California

California law states it’s illegal to drive while impaired by any drug, including lawfully prescribed medications[2]. Drivers can be charged with DUI if they are unable to operate a vehicle safely due to prescription side effects.

It is also illegal to drive with blood concentrations of 0.04% or higher for prescription medications like clonazepam, diazepam, alprazolam, or oxycodone. Drivers can be convicted even if they don’t show impairment at lower blood concentrations.

Florida

Florida has no per se laws for prescription drug DUIs. Drivers cannot be convicted based on drug concentration alone – the state must prove actual impairment[3].

However, having medications in your system can help build a DUI case. Prosecutors also can use physician testimony to show how certain drug levels typically impair driving ability.

Texas

Texas has per se laws that make it automatically illegal to drive with any detectable amount of prescription drugs without a valid prescription[4].

The state also can charge you with DUI if you show signs of impairment, even if the drugs were prescribed. Defenses focus on the legality of the prescription and lack of actual impairment.

Washington

In Washington, drivers can be charged with DUI if they are “under the influence” of any drug, including over-the-counter and prescription medications[5]. This is based on observed impairment, not per se drug limits.

However, it’s per se illegal to drive with any THC from marijuana, even if prescribed medically. Defenses may challenge impairment evidence or the cause of impairment.

Consequences of a Prescription Drug DUI

A DUI conviction, whether for alcohol or drugs, can disrupt your life for years. Some potential penalties include[6]:

• License suspension – Mandatory license suspension ranges from 30 days to 1 year in most states.
• Fines – Fines start around $300 for a first offense but can exceed $1000.
• Probation – Probation periods range from 6 months to 2 years. You must comply with probation terms or face jail time.
• Community service – Many states require 10-100 hours of community service.
• Victim impact programs – These alcohol and drug education programs are mandatory in some states.
• Ignition interlocks – You may need to install a breathalyzer device in your car to detect alcohol.
• Jail time – First offenses have a maximum of 6 months jail time in most states. Repeat DUIs can lead to years in jail.

These consequences make it very risky to drive after taking potentially impairing medications. A DUI can increase insurance rates for years, prevent you from driving to work, and even jeopardize your job. It’s just not worth the risk.

Finding Legal Help for a Prescription Drug DUI

Don’t try to fight a complex prescription drug DUI alone. Work with an experienced DUI defense lawyer. They can review your case details and determine the best defense strategy.

Many lawyers offer free case evaluations so you can discuss your options at no risk. Look for attorneys with proven experience getting DUI charges reduced or dismissed in prescription drug cases.

With the right legal help, you may be able to avoid a conviction and keep your driving privileges. Get started today researching DUI defense lawyers in your state.